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STATE v. HARRIS

No. 38309.

69 Wn.2d 928 (1966)

421 P.2d 662

THE STATE OF WASHINGTON, Respondent, v. NEALY HARRIS, Appellant.

The Supreme Court of Washington, En Banc.

December 15, 1966.

Attorney(s) appearing for the Case

John D. Spellman, for appellant.

Charles O. Carroll and David W. Soukup, for respondent.

HILL, J.

This is an appeal from a conviction of murder in the second degree and assault in the second degree before a court sitting without a jury.

The second-degree murder conviction was under RCW 9.48.040(2), constituting our felony murder statute as applied to second-degree murder; it provides:

The killing of a human being, unless it is excusable or justifiable, is murder in the second degree when — (1) Committed with a design...

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